Opinion

Gordon v. City of Bloomfield Hills

  • 207 Mich. App. 231
Court
Michigan Court of Appeals
Filed
Oct 11, 1994
Status
Published
Author
Stempien
On the bench
Hood, Danhof, Stempien
Cited by
6 cases

The opinion

J. Stempien, J.

(dissenting). It is true that the trial court acknowledged the factual findings of the planning commission. It does not necessarily follow, however, that reversal was merely a substitution of the trial court’s judgment for that of the commission. The scope of the review by the trial court is to determine if the record upon which the commission based its conclusion had any competent, material, and substantial evidence to support the commission’s conclusion. It was the trial court’s opinion that even if one accepts the factual findings (lot size, shape, and so forth), those facts do not rise to the level of evidence necessary to conclude that the proposed lot split would create disharmony. The trial court’s opinion adequately addresses each and every aspect of the record and need not be repeated here. I agree with the trial court that the established record does not support the planning commission decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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